Summary: We will not investigate Miss X’s complaint about the Council issuing her a Fixed Penalty Notice for fly tipping. This is because Miss X can raise a defence against the issuing of the Notice in court.

The complaint

1. Miss X complains the Council unfairly issued her a Fixed Penalty Notice (FPN) for fly tipping which she cannot afford to pay.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start an investigation if we think the issues could reasonably be, or have been, raised within a court of law.(Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X complained to the Council about being issued a FPN for fly tipping cardboard. Miss X said the FPN was unfairly issued and she cannot afford to pay it. She says the Council has not taken account of her representation and has not listened to her point of view
7. The Council considered the information Miss X provided in her representation following the FPN including information about her current financial circumstances. It explained there are no formal grounds of appeal against the issuing of the FPN. She can either discharge liability and pay the penalty or raise a defence in court if she believes it was incorrectly issued. The Council provided Miss X with information about this process.
8. We will not investigate Miss X’s complaint. This is because Miss X can raise a defence against the issuing of the FPN in court if she believes it was incorrectly issued and decides not to pay it. We are not an appeal body. We cannot decide whether the alleged offence was committed nor whether Miss X is liable. These are matters for the courts to decide and this is the suitable route for Miss X to use should she decide to challenge the FPN rather than pay it.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because she can defend the matter in court if she considers the FPN was incorrectly issued.

Back to top

Investigator's decision on behalf of the Ombudsman